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Supreme Court of India
K.S. RADHAKRISHNAN & A.K. SIKRI, JJ.
Swamy Devi Dayal Hospital & Dental College
Versus
The Union of India & Others
Special Leave Petition (Civil) No. 25698 of 2013
Decided On : 27-08-2013
The procedure prescribed in Section 10A contains the requirement of following this principle of natural justice at two stages. In the first place, by the DCI when it finds deficiencies while examining the school in the second stage at the level of the Central Government before it passes away adverse orders, as it is the final administrative authority vested with powers to pass such an order. The law, thus specifically requires that at the stage of a decision by the Central Government, again an opportunity of being heard is to be provided. This proviso, thus, acknowledges the need of and confers a very valuable right in favour of the petitioner. (Para 19)
Dental Council of India Act, 1948- Section 10A (4)- Personal hearing -The expression "opportunity of being heard" occurring in this proviso would mean that the material that goes against the applicant and is to be taken into consideration, is to be supplied to the applicant within an opportunity to make representation. For this purpose either the report of the DCI itself can be supplied or atleast the deficiencies pointed out in the report have to be communicated by the Central Government to the applicant with an opportunity to furnish its comments thereupon. At that stage while giving its reply, if the applicant claims personal hearing, such a personal heaing should also be accorded.
Facts of the case:
The petitioner had been accorded permission to admit students in two specialties in the Dental College recognized and affiliated to University, from the University, No Objection Certificate from the State Government and recognition from the Dental Council of India/Union of India for the previous academic session. No personal hearing was given by the Central Government before passing the order refusing to grant the renewal for the next year.
Findings of the Court:
Section 10 contemplates grant of opportunity of being heard at two stages. First stage would be at the level of DCI after the scheme is submitted to DCI under sub-section (2) of Section 10A of the Act. Once it is found by the DCI that all the parameters for granting permission are met, it recommends the grant of approval of the scheme to the Central Government. In case Scheme it is found to be deficient, sub-section (3) (a) of Section 10A of the Act casts an obligation on the part of the DCI to give a reasonable opportunity for making a written representation and also to rectify the deficiencies, if any, specified by the DCI. Second stage of adherence to the principles of natural justice is provided at the level of Central Government at the time when it has to take final decision, after the receipt of the recommendation sent by the DCI. This requirement of hearing is stipulated in proviso to sub-section (4) of Section 10A, in the event the Central Government is proposing to disapprove the scheme.
Hearing should be given to the petitioner to demonstrate that they have overcome the deficiencies and they no longer exist. If the Central Government is satisfied on these aspects it may grant renewal permission for the next academic session 2014-15.
Result : Special Leave Petition disposed of accordingly.
Judgment :-
A.K. Sikri, J.
1. The petitioner is a Dental College set up in the year 2004 for imparting education in the B.D.S. course (Bachelor of Dental Science). The petitioner is recognized and affiliated to Respondent No.4 University, viz. Pt. B.D. Sharma University, Rohtak, Haryana.
2. The petitioner – college was desirous to start the MDS Course (Master of Dental Surgery). For starting the said course the petitioner was required to complete the formalities i.e. (i) Essentiality and No Objection Certificate from the State Government; (ii) Affiliation from Pt. B.D.Sharma University for Health Sciences, Rohtak and (iii) Recognition from the Dental Council of India/Union of India.
3. Respondent No.3 – State of Haryana, vide letter dated 12.1.2010, granted ‘No Objection Certificate’ to the petitioner for starting MDS Course. The said ‘No Objection Certificate’ was granted by the State Government for starting MDS Course in 9 specialties i.e. Oral Surgery, Orthodontics, Conservative Dentistry, Prosthodontics, Periodontics, Oral Diagnosis, Oral Pathology, Pedodontics, Periodontics, Oral Diagnosis, Oral Pathology, Pedodontics & Community Dentistry with 3 seats in each specialty from the session 2010-11.
4. Thereafter, Respondent No.4 – University granted provisional affiliation to the petitioner-college for 6 out of 9 specialties for academic session 2011-12. Respondent No.1, i.e. the Central Government also, on the recommendations of Respondent No.2/ Dental Council of India (hereinafter referred to ‘DCI’), issued Letter of Intent to the petitioner for the aforesaid 6 specialties and later on granted permission to the petitioner-college to start MDS Courses in 6 specialties i.e. (i) Periodontology wih 3 seats (ii) Conservative Dentistry and Endodontics with 3 seats (iii) Oral Pathology & Microbiology with 3 seats (iv) Public Health Dentistry with 3 sets (v) Prosthodontics and Preventive Dentistry with 3 seats (vi) Paedodontics and Preventive Dentistry with 3 seats for the session 2011-12. The said permission was extended for the academic session 2012-13 and now the same has been extended for the academic session 2013-14.
5. In the present case, however, we are not concerned with the aforesaid six specialties. As pointed out above, though for the session 2011-12, the petitioner was permitted to start courses and six specialties out of 9 courses mooted by it, for the academic session 2012-13, Respondent No.4 University granted provisionally affiliation to the petitioner for two more specialties namely (1) Oral Medicines & Radiology and (ii) Oral and Maxillofacial Surgery with an intake of 3 seats each. This was followed by affiliation for the 9th specialty also, viz the Orthodontics and Dentofacial Orthopedics for the academic session 2012-13. In the instant petition, we are concerned with the two disciplines namely Oral and Maxillofacial Surgery as well as Orthodontics and Dentofacial Orthopaedics.
6. As pointed out above, in respect of these two specialties, Respondent No.4 University had given the affiliation and students were admitted by the petitioner-College in these disciplines as well for the academic session 2012-13. However, for the academic session 2013-14, permission has not been extended for these two specialties although for Oral Medicine and Radiology the requisite approval has been accorded. The events that followed for non-grant of permission in respect of these specialties for the academic session 2013-14 are recapitulated below, briefly:
7. For granting renewal of permission for the aforesaid 2 specialties i.e. Oral and Maxillofacial Surgery and Orthodontics and Dentofacial Orthopedics with three seats each for the academic session 2013-14, the DCI conducted the inspection of the petitioner-college on 8.12.2012 and 9.12.2012. The petitioner was not supplied with the report of the Inspectors but vide letter dated 26.12.2012 and 27.12.2012, the petitioner was informed by the DCI about the deficiencies in these two specialt
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